Hot Topics:

Governor vetoes teen sentencing change

By Staff and wire report

Posted:
04/09/2009 01:00:00 AM MDT

For all stories from the legislative session and important bills from the session, click here.

SANTA FE — When Gov. Bill Richardson showed up at the Farm & Ranch Heritage Museum on March 27 to sign the veteran's museum bill and meet with constituents, he was greeted by District Attorney Susana Martinez and family members of slain teenager Ashley Wax, all of whom urged him to veto a bill that would have given judges more discretion in the sentencing of juvenile murderers.

Richardson conceded at the time that he wasn't aware of the legislation, Senate Bill 7, but he vowed that he would review it. On Wednesday, Richardson vetoed the bill.

"While I understand the intent behind the bill, and still believe that many youthful offenders can and should be rehabilitated, I am concerned that signature of Senate Bill 7 will inadvertently cause harm to the public," Richardson said.

Richardson said in his veto message that the law currently gave a judge the discretion to sentence murderers aged 15-17 to less than the maximum adult prison term.

"As such, the offenders' age and other factors can and should be considered by a judge in sentencing," Richardson said.

"However, signature of Senate Bill 7 would, in essence, allow courts to treat serious youthful offenders who commit the most heinous of crimes in the same manner as youthful offenders who commit minor offenses; hence, any deterrence that the enhanced penalty might cause would be taken away.

Advertisement

"

The bill had been introduced by Sen. Cisco McSorley, an Albuquerque attorney who is chairman of the Senate Judiciary Committee. It passed 24-12 in the Senate, but by a much narrower 35-31 margin in the House. It would have allowed a juvenile aged 15 to 17 who is convicted of first-degree murder to be classified and treated as a "delinquent child" if the court determines that the child is amenable to treatment.

"Currently, if a child is accused of murder, a judge has no option to do a test on the child to see if he or she is a threat or if that child can be rehabilitated," McSorley said last month. "A judge's hands are tied."

With the veto, those 15 to 17 convicted of first-degree murder will continue to be sentenced as adults.

Ashley Wax was 15 when she was shot by her 16-year-old boyfriend in front of their Las Cruces home. Ashley's parents, John and Darla Wax, along with family and friends, led the effort to oppose SB 7.

"We're fighting for the next Ashley," Darla said. "To know that there could be such a small sentence is just devastating."